An action to enforce a mechanic's lien on real property is commonly known as an action to foreclose a mechanic's lien. Enforcement of this statutory lien by foreclosure provides a method by which one who has added value to real property, due to construction or improvements, may compel payment for the benefit conferred and received. The following form is a complaint that adopts the notice pleadings format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.
This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Oklahoma Complaint or Petition to Foreclose on Mechanic's Lien
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How to fill out Complaint Or Petition To Foreclose On Mechanic's Lien?
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FAQ
What is the Deadline for Filing a Mechanic's Lien in Oklahoma? The deadline to file a mechanic's lien for a general contractor is within four (4) months after the date upon which material or equipment was last furnished or performed under the contract.
A property owner can neutralize the Mechanics and Materialmen's Lien by depositing with the county clerk either an amount of money equal to 125% of the lien amount, or a surety bond (called a lien release bond) in an amount equal to 125% of the lien amount.
How long does a judgment lien last in Oklahoma? A judgment lien in Oklahoma will remain attached to the debtor's property (even if the property changes hands) for five years.
An action to enforce an Oklahoma mechanics lien must be initiated within 1 year of the date on which the lien was recorded. However, at least 90 days must have passed from the date on which the lien was recorded prior to initiating the enforcement action.
A property owner can neutralize the Mechanics and Materialmen's Lien by depositing with the county clerk either an amount of money equal to 125% of the lien amount, or a surety bond (called a lien release bond) in an amount equal to 125% of the lien amount.
The advantage of holding a lien, however, is that it gives the lien holder the right to foreclose on the lien and force a sale of the property, with the lien holder having a priority claim (as against all liens created after the start of the work) to the proceeds from the sale of the property.
Ing to case law, a lien can be perfected by EITHER giving notice OR filing a lawsuit within 4 months of claimant's last work or delivery.
